Stockman v Argyle Diamond Sales Ltd

Stockman sought damages from Argyle Diamond Sales Ltd after sustaining an injury at work. The dispute involved the legal framework for seeking common law damages for injuries under the Workers' Compensation and Rehabilitation Act 1981. The Court of Appeal had to determine whether the statutory scheme, specifically section 93D(5)(c), limited the damages to the amount of likely future pecuniary loss resulting from the alleged disability. This issue was pivotal as it concerned the balance between statutory compensation and common law rights.

The court examined the statutory provisions and their interaction with common law rights. It considered whether the statutory compensation regime, designed to provide a comprehensive and exclusive remedy, was intended to preclude common law claims for damages, or whether such claims were permissible where they did not overlap with the statutory scheme. The court noted that the statutory compensation system was intended to be exclusive but recognised that common law claims could proceed where they did not duplicate the statutory remedy.

The court concluded that the statutory compensation scheme was not intended to be exclusive of all common law claims. It held that damages for non-pecuniary losses, such as pain and suffering, could be claimed at common law, provided they did not duplicate the statutory compensation already received. The court found that the statutory scheme did not preclude claims for damages that did not overlap with the compensation already provided under the Act.

The appeals were allowed, and the decision of the lower court was set aside. The matter was remitted for further consideration in light of the Court of Appeal's findings. The court emphasised that while statutory compensation was intended to be comprehensive, it did not preclude all common law claims, particularly those for non-pecuniary losses.